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From the ECS State Policy Database 2011 State Policies / Activities

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Education Commission of the States • 700 Broadway, Suite 810 • Denver, CO 80203-3442 • 303.299.3600 • fax 303.296.8332 • www.ecs.org

The following summary includes policies enacted in 2011. This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format. To view the documents, click on the blue triangle next to the topic of interest. To view all, press the button located at the top labeled "Expand All." Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date]. State Status/Date Level Summary 21st Century Skills Accountability Accountability--Accreditation Accountability--Measures/Indicators Accountability--Reporting Results Accountability--Rewards Accountability--Sanctions/Interventions Accountability--Sanctions/Interventions--No Pass No Play Accountability--Sanctions/Interventions--Takeovers Accountability--School Improvement Adult Basic Education Assessment Assessment--Accommodations Assessment--College Entrance Exams Assessment--Computer Based Assessment--End-of-Course Assessment--Formative/Interim At-Risk (incl. Dropout Prevention) At-Risk (incl. Dropout Prevention)--Alternative Education At-Risk (incl. Dropout Prevention)--Drugs/Alcohol Attendance Attendance--Compulsory Attendance--Truancy Background Checks Bilingual/ESL Business Involvement Career/Technical Education Career/Technical Education--Career Academies/Apprenticeship Choice of Schools--Charter Schools Choice of Schools--Charter Schools--Charter Districts Choice of Schools--Charter Schools--Closings Choice of Schools--Charter Schools--Cyber Charters Choice of Schools--Charter Schools--Finance Choice of Schools--Charter Schools--Research Choice of Schools--Choice/Open Enrollment Choice of Schools--Innovation Schools Choice of Schools--Magnet or Specialized Schools Choice of Schools--Tax Credits Choice of Schools--Vouchers Choice of Schools--Vouchers--Privately Funded Civic Education Civic Education--Character Education Civic Education--Civic Knowledge and Literacy Civic Education--Pledge of Allegiance Class Size Curriculum Curriculum--Arts Education Curriculum--Drivers Education Curriculum--Financial Literacy/Economics Ed. Curriculum--Foreign Language/Sign Language Curriculum--Health/Nutrition Education Curriculum--Language Arts Curriculum--Mathematics Curriculum--Physical Education Curriculum--Science Curriculum--Sex Education Curriculum--Social Studies/History Data-Driven Improvement Demographics--Enrollments Desegregation Economic/Workforce Development Equity Federal Finance Finance--Adequacy/Core Cost Finance--Aid to Private Schools Finance--Bonds Finance--District Finance--Facilities Finance--Federal Finance--Funding Formulas Finance--Local Foundations/Funds Finance--Lotteries Finance--Performance Funding Finance--Private Giving Finance--Resource Efficiency Finance--State Budgets/Expenditures Finance--Student Fees Finance--Taxes/Revenues Finance--Taxes/Revenues--Alternative Revenues Governance Governance--Deregulation/Waivers/Home Rule Governance--Ethics/Conflict of Interest Governance--Mandates Governance--School Boards Governance--School Boards--Training Governance--Site-Based Management Governance--State Boards/Chiefs/Agencies Health Health--Child Abuse Health--Mental Health Health--Nutrition Health--School Based Clinics or School Nurses Health--Suicide Prevention High School High School--Advanced Placement High School--College Readiness High School--Dropout Rates/Graduation Rates High School--Dual/Concurrent Enrollment High School--Early Colleges/Middle Colleges High School--Exit Exams High School--GED (General Education Development) High School--Graduation Requirements High School--International Baccalaureate Instructional Approaches--Grading Practices Instructional Approaches--Homeschooling Integrated Services/Full-Service Schools Leadership Leadership--District Superintendent Leadership--District Superintendent--Compensation and Diversified Pay Leadership--Principal/School Leadership Leadership--Principal/School Leadership--Certification and Licensure Leadership--Principal/School Leadership--Compensation and Diversified Pay Leadership--Principal/School Leadership--Evaluation and Effectiveness Leadership--Principal/School Leadership--Induction Programs and Mentoring Leadership--Principal/School Leadership--Preparation Leadership--Principal/School Leadership--Preparation--Alternative Leadership--Principal/School Leadership--Professional Development Leadership--Principal/School Leadership--Tenure Middle School Minority/Diversity Issues Minority/Diversity Issues--African American Minority/Diversity Issues--American Indian / Alaska Native / Native Hawaiian No Child Left Behind--Adequate Yearly Progress No Child Left Behind--Assessment No Child Left Behind--Consequences for Schools No Child Left Behind--Report Cards No Child Left Behind--School Support No Child Left Behind--Supplemental Services Online Learning--Digital/Blended Learning Online Learning--Virtual Schools/Courses P-16 or P-20 P-3 P-3 Child Care P-3 Content Standards and Assessment P-3 Ensuring Quality P-3 Finance P-3 Governance P-3 Grades 1-3 P-3 Health and Mental Health P-3 Kindergarten P-3 Kindergarten--Full-Day Kindergarten P-3 Preschool P-3 Special Ed./Inclusion P-3 Teaching Quality/Professional Development Parent/Family Postsecondary Postsecondary Accountability Postsecondary Accountability--Accreditation Postsecondary Accountability--Student Learning Postsecondary Affordability Postsecondary Affordability--Financial Aid Postsecondary Affordability--Textbooks Postsecondary Affordability--Tuition/Fees Postsecondary Affordability--Tuition/Fees--Prepd/College Savings Plans Postsecondary Affordability--Tuition/Fees--Undocumented Immigrants Postsecondary Faculty Postsecondary Faculty--Compensation Postsecondary Faculty--Intellectual Property Postsecondary Faculty--Tenure Postsecondary Finance Postsecondary Finance--Efficiency/Performance-Based Funding Postsecondary Finance--Facilities Postsecondary Finance--Revenue and Expenditures Postsecondary Governance and Structures Postsecondary Governance and Structures--Administrative/Leadership Issues Postsecondary Governance and Structures--State Executives/State Agencies Postsecondary Institutions Postsecondary Institutions--Community/Technical Colleges Postsecondary Institutions--For-Profit/Proprietary Postsecondary Institutions--Four-Year Baccalaureate Postsecondary Institutions--HBCUs/Minority-Serving Institutions Postsecondary Institutions--Private/Independent Postsecondary Online Instruction Postsecondary Participation--Access Postsecondary Participation--Admissions Requirements Postsecondary Participation--Affirmative Action Postsecondary Participation--Enrollments (Statistics) Postsecondary Students Postsecondary Students--Adults Postsecondary Students--Disabled Postsecondary Students--Foster Youth Postsecondary Students--Graduate/Professional Postsecondary Students--International Postsecondary Students--Low-Income Postsecondary Students--Military Postsecondary Students--Minority Postsecondary Success Postsecondary Success--Completion Postsecondary Success--Completion--Completion Rates (Statistics) Postsecondary Success--Developmental/Remediation Postsecondary Success--Retention/Persistence Postsecondary Success--Transfer/Articulation Private Schools Privatization Promising Practices Promotion/Retention Public Involvement Reading/Literacy Reading/Literacy--Adult Literacy Religion Rural Scheduling/School Calendar Scheduling/School Calendar--Day/Class Length Scheduling/School Calendar--Extended Day Programs Scheduling/School Calendar--Summer School Scheduling/School Calendar--Week Scheduling/School Calendar--Year Scheduling/School Calendar--Year Round School Climate/Culture School Safety School Safety--Bullying Prevention/Conflict Resolution School Safety--Code of Conduct School Safety--Corporal Punishment School Safety--Disaster/Emergency Preparedness School Safety--Expulsion/Suspension School Safety--Sexual Harassment and Assault School Safety--Special Education School Safety--Uniforms/Dress Codes School/District Structure/Operations School/District Structure/Operations--District Consolidation/Deconsolidation School/District Structure/Operations--District Size School/District Structure/Operations--Facilities School/District Structure/Operations--Food Service School/District Structure/Operations--Libraries School/District Structure/Operations--Personnel (Non-Teaching) School/District Structure/Operations--School Size School/District Structure/Operations--Shared Services School/District Structure/Operations--Staffing Ratios School/District Structure/Operations--Transportation Service-Learning Special Education Special Education--Federal Law/Regulations Special Education--Finance Special Education--Placement Special Education--Transition Special Populations--Corrections Education Special Populations--Foster Care Special Populations--Gifted and Talented Special Populations--Homeless Education Special Populations--Immigrant Education Special Populations--Migrant Education Special Populations--Military Standards Standards--Common Core State Standards State Longitudinal Data Systems State Policymaking State Policymaking--Task Forces/Commissions STEM Student Achievement Student Supports Student Supports--Counseling/Guidance Student Supports--Mentoring/Tutoring Student Supports--Remediation Student Surveys Students--Athletics/Extracurricular Activities Students--Employment Students--Incentives Students--Records/Rights Teaching Quality Teaching Quality--Certification and Licensure Teaching Quality--Certification and Licensure--Alternative Teaching Quality--Certification and Licensure--Assignment Teaching Quality--Certification and Licensure--Highly Qualified Teachers Teaching Quality--Certification and Licensure--Natl. Bd. for Prof. Teach. Stds. Teaching Quality--Certification and Licensure--Special Education Teaching Quality--Certification and Licensure--State Prof. Standards Bds. Teaching Quality--Certification and Licensure--Substitute Teachers Teaching Quality--Compensation and Diversified Pay Teaching Quality--Compensation and Diversified Pay--Pay-for-Performance Teaching Quality--Compensation and Diversified Pay--Retirement/Benefits Teaching Quality--Evaluation and Effectiveness Teaching Quality--Induction Programs and Mentoring Teaching Quality--Paraprofessionals Teaching Quality--Preparation Teaching Quality--Professional Development Teaching Quality--Recruitment and Retention Teaching Quality--Recruitment and Retention--At-Risk Schools Teaching Quality--Recruitment and Retention--High-Needs Subjects Teaching Quality--Reduction in Force Teaching Quality--Teacher Attitudes Teaching Quality--Teacher Rights Teaching Quality--Tenure or Continuing Contract CT Signed into law 07/2011 P-12 Sec. 3 - Allows the Commissioner of Education, upon request from a board of education for a district that has a school with grades K-8, to permit a certified teacher employed by such board in such school who holds an endorsement in elementary education and who is otherwise qualified to teach a specialized course (i.e., course in a subject area that requires specialized knowledge and skills, such as computer and information technology) to teach such specialized course in grades K-8. Sec. 14 - Changes the month that a teacher must be notified that such teacher's contract will not be renewed for the following year from April to May. http://www.cga.ct.gov/2011/ACT/Pa/pdf/2011PA-00136-R00HB-06499-PA.pdf Title: H.B. 6499 - Sec. 3, 14 Source: http://www.cga.ct.gov CT Signed into law 07/2011 P-12 Secondary School Reform Act - Delays by two years the implementation of the secondary school reform requirements enacted in 2010 that: (1) Increase the minimum number of credits required to graduate from high school; (2) Require school districts to offer students support and alternative ways to meet the new graduation requirements; and (3) Require the State Department of Education (SDE) to develop end-of-course exams in various subjects. Eliminates a requirement that the state provide grants to help districts implement the new graduation requirements and instead requires SDE to offer technical assistance to districts wishing to start implementing them. Revises and delays by one year the start of biennial status reports on the implementation of the new graduation requirements. Establishes a task force to address implementation issues arising from enhanced high school graduation requirements. Teacher Evaluations/Tenure - Moves up the deadline for the State Board of Education (SBE), in consultation with the Performance Evaluation Advisory Council (PEAC), to adopt guidelines for teacher evaluations to July 1, 2012 from July 1, 2013. Requires, for tenure purposes, that teachers whose employing boards enter cooperative arrangements to provide educational services retain their credited service with those boards if their employment is transferred to a committee administering the cooperative arrangement. Student Success Plan - Requires districts to establish a student success plan for each student starting in grade 6. School Governance Councils - Exempts boards of education with low-achieving schools that have only a single grade or that already have substantially similar school governance councils from the existing requirement to establish school councils according to the existing law. Reorganizes and clarifies the sequence and contents of required SDE reports on the implementation and effectiveness of school governance councils. http://www.cga.ct.gov/2011/ACT/Pa/pdf/2011PA-00135-R00HB-06498-PA.pdf Title: H.B. 6498 Source: http://www.cga.ct.gov IN Signed into law 07/2011 P-12 Establishes an annual staff performance evaluation that categorizes teachers as highly effective, effective, improvement necessary, or ineffective. Allows school corporations to meet requirements for evaluation plans by using any of the following models: A plan using master teachers or contracting with an outside vendor for master teachers; the System for Teacher and Student Achievement (TAP); or the Peer Assistance and Review Teacher Evaluation System (PAR). Specifies components that plans must include, such as annual evaluations for all certificated employees; objective measures of student achievement and growth to significantly inform the evaluation; rigorous measures of effectiveness, including observations and other performance indicators, and an annual designation of highly effective, effective, improvement necessary or ineffective; an explanation of the recommendations for improvement and the time in which improvement is expected; and a provision that a teacher who negatively affects student achievement and growth cannot receive a rating of highly effective or effective. Specifies that a teacher rated ineffective or improvement necessary may not receive a raise or increment for the following year. Provides that a student may not be instructed two years in a row by two different teachers who have been rated as ineffective in the year preceding the student's placement in that class if avoidable. Changes the process concerning how teacher contracts are canceled (affects tenure). For any teachers hired after 7/2012, teachers with a rating of ineffective are considered probationary. Probationary status for teachers hired after 7/2012 is for one year, plus a new contract. Teachers hired after 7/2012 may be dismissed for incompetence, and incompetence is defined as an "ineffective" rating on 2 consecutive evaluations or 2 consecutive "improvement necessary" ratings or "ineffective" or "improvement necessary" ratings in 3 out of 5 years. Requires notice of cancellation of a teacher's contract not earlier than May 1 and not later than July 1. Eliminates the Advisory Board of the Division of Professional Standards of the Indiana Department of Education (IDOE). Repeals references to the advisory board and the existing staff performance evaluation provisions, and makes corresponding changes to related sections. Requires the IDOE to revoke the license of a licensed school employee if the employee is convicted in another state or under federal statutes of an offense that is comparable to the felonies for which the employee's license would be revoked if committed in Indiana. http://www.in.gov/legislative/bills/2011/PDF/FISCAL/SB0001.007.pdf Full text: http://www.in.gov/legislative/bills/2011/SE/SE0001.1.html Title: S.B. 1--Teachers Source: http://www.in.gov/legislative/ IN Signed into law 07/2011 P-12 Adds new sections of law (20-28-6-7.5 and 20-28-7.5). PROBATIONARY STATUS: For teachers not under contract prior to 7/2012, a teacher is considered probationary if he/she was under contract after 7/2011, has not yet received a rating or receives a rating of ineffective, has not entered into a contract for further service, and has not received 3 ratings in a 5 year period of effective or highly effective. After June 30, 2011, a teacher who receives a rating of effective, highly effective or a combination for at least 3 years in a 5 year period becomes a professional teacher by entering into a contract. A professional teacher who receives a rating of ineffective will be considered probationary but is not subject to cancellation of the teacher's contract unless at least one of the following criteria applies: 1) receives a rating of ineffective in the year immediately following the initial rating of ineffective; 2) cancellation is due to a justifiable decrease in the number of teaching positions; 3) contract cancellation is due to conduct set forth in IC 20-28.7.5-1(b). CANCELLATION of CONTRACT: After June 30, 2012, contracts cancelled due to a justifiable decrease in the number of teaching positions must be determined on the basis of performance, not seniority. For teachers under contract prior to 7/2011, 2 years probationary for semi permanent teachers and 5 years probationary for permanent teachers. Lists reasons that allow for immediate cancellation of a contract: 1) immorality; 2) insubordination, which means a willful refusal to obey the state school laws or reasonable rules; 3) justifiable decrease in the number of teaching positions; 4) incompetence, including receiving an ineffective designation on 2 consecutive evaluation or an ineffective designation or improvement necessary rating in 3 years or any 5 year period; 5) neglect of duty; 6) conviction for an offense list in law; 7) other good or just cause. Notice for any reason other than reduction in force must inform the teacher that, no later than 5 days after teacher's receipt of the notice, the teacher may request a private conference with the superintendent, and the superintendent must set the meeting not later than 10 days after.Teachers may also request a conference with the governing body. Full text: http://www.in.gov/legislative/bills/2011/SE/SE0001.1.html Title: S.B. 1 - Teacher Contract Renewal Source: http://www.in.gov/legislative/bills MI Signed into law 07/2011 P-12 From Legislative Staff Summary: Specifies that a probationary teacher rated as effective or highly effective is not subject to displacement by a tenured teacher solely because the other teacher is on continuing tenure. Increases the probationary period from four full school years to five, except for a teacher who has been rated as highly effective on three consecutive year-end evaluations. Requires a probationary teacher to be notified at least 15 days, rather than 60, before the end of a school year that his or her services will be discontinued. Allows a probationary teacher to be dismissed at any time. Requires a controlling board to determine the number and format of classroom observations for probationary teachers and teachers on continuing tenure. Shortens deadlines in the tenure hearing process. Repeals law that required a laid-off tenured teacher to be hired for the first vacancy in the school district for which he or she was qualified, for three years after the lay-off. http://www.legislature.mi.gov/documents/2011-2012/publicact/htm/2011-PA-0101.htm Title: H.B. 4625 Source: http://www.legislature.mi.gov MI Signed into law 07/2011 P-12 From Legislative Staff Summary - Allows a teacher on continuing tenure to be dismissed or demoted for a reason that is not arbitrary and capricious, rather than for reasonable and just cause. Revises the definition of "demote". Allows a controlling board to place a suspended teacher's salary in escrow if criminal charges have been filed. Requires a teacher to verify his or her ability to perform essential job functions after being placed on unrequested leave for physical or mental disability. http://www.legislature.mi.gov/documents/2011-2012/publicact/htm/2011-PA-0100.htm Title: H.B. 4626 Source: http://www.legislature.mi.gov MI Signed into law 07/2011 P-12 From Legislative Staff Summary - Amends the public employment relations Act to prohibit decisions about the following subjects from being included in collective bargaining between a public school employer and a representative of its employees: (1) Teacher placement; (2) Policies for personnel decisions made when an employer eliminates a position, or recalls or hires after a position has been eliminated; (3) An employer's performance evaluation system; (4) A policy for discharging or disciplining employees subject to the tenure law, and the discharge or discipline of an individual employee; (5) Classroom observation; (6) A performance-based method of compensation; and (7) Parental notification of ineffective teachers. http://www.legislature.mi.gov/documents/2011-2012/publicact/htm/2011-PA-0103.htm Title: H.B. 4628 Source: http://www.legislature.mi.gov MN Signed into law 07/2011 P-12 Requires a school board to adopt a plan for at least three written periodic evaluations of probationary teachers throughout a school year. Requires the first evaluation to occur within the first 90 days of teaching service. (Article 2, Sec 12) http://wdoc.house.leg.state.mn.us/leg/LS87/1/HF0026.0.pdf Title: H.F. 26 Source: http://www.house.leg.state.mn.us MN Signed into law 07/2011 P-12 For teachers in first class city school districts, requires a school board to adopt a plan for at least three written periodic evaluations of probationary teachers throughout a school year. Requires the first evaluation to occur within the first 90 days of teaching service. Requires a probationary teacher to complete 120 days of teaching service each year during the probationary period. Makes this section applicable to collective bargaining agreements ratified after September 2, 2013. (Article 2, Sec 17) http://wdoc.house.leg.state.mn.us/leg/LS87/1/HF0026.0.pdf Title: H.F. 26 Source: http://www.house.leg.state.mn.us MN Signed into law 07/2011 P-12 Allows a school board and the exclusive representative of the teachers to develop through joint agreement a teacher evaluation and peer review process, premised on the content of this section, for probationary and continuing contract teachers. Establishes an annual teacher evaluation process that: provides probationary teacher evaluations; establishes a three-year professional review cycle and includes at least one summative evaluation performed by a trained evaluator; is based on professional teaching standards; is coordinated with staff development activities; allows time for peer coaching and teacher evaluation; allows mentoring and induction programs; allows teachers to develop and present a portfolio; requires agreed upon teacher value-added assessment models and state and local measures of student growth, the data from which provide the basis for 35 percent of teacher evaluation results; uses longitudinal data on student engagement and connection and other student outcome measures; requires qualified and trained evaluators to perform summative assessments; gives support to improve the performance of teachers not meeting professional teaching standards; and establishes discipline for a poorly performing teacher who fails to improve. Directs the department, in consultation with teachers and administrators and other education stakeholders to create and publish a teacher evaluation process that complies with the requirements of this section and applies to all teachers without an annual teacher evaluation agreement. Makes this section effective for the 2014-2015 school year and later. (Article 2, Secs 14&19) http://wdoc.house.leg.state.mn.us/leg/LS87/1/HF0026.0.pdf Title: H.F. 26 Source: http://www.house.leg.state.mn.us/ NH Became law without governor's signature 07/2011 P-12 Amends the length of time required for a teacher to be entitled to the rights of notification and hearing for failure to be renominated or reelected. Declares that in cases of nonrenomination or nonreelection because of reduction in force, the reduction in force shall not be based solely on seniority. Also limits a petition for review as the exclusive remedy available to a teacher on the issue of the nonrenewal of such teacher. http://www.gencourt.state.nh.us/legislation/2011/SB0196.html Title: S.B. 196 Source: http://www.gencourt.state.nh.us/ TX Signed into law 07/2011 P-12 From bill summary: Revises and expand the grounds for rendering a district employee's probationary, continuing or term contract void on the basis of a failure to meet certain requirements relating to the employee's certification and revises a district's authority to terminate an employee whose contract is void, suspend the employee with or without pay, or retain the employee for the remainder of the school year on an at-will basis. Prohibits a district from terminating or suspending an employee whose contract is void because of the employee's failure to renew or extend the employee's certificate or permit if the employee requests an extension from the state board for educator certification (SBEC) to renew, extend or otherwise validate the certificate or permit and, not later than the 10th day after the date the contract is void, takes necessary measures to renew, extend, or otherwise validate that certificate or permit, as determined by SBEC. Changes the deadline by which a district board of trustees is required to notify a teacher employed under a probationary contract and a teacher whose contract is about to expire of its decision to terminate the teacher's employment at the end of the contract period or of its intent to renew or not renew the expiring contract, and sets out requirements for delivery of such notice. Entitles a teacher employed under a probationary or continuing contract to a hearing before a hearing examiner if the teacher is protesting a proposed discharge or suspension without pay and to a hearing either before the board of trustees in the manner provided for a hearing on the nonrenewal of a term contract or before a hearing examiner, as determined by the board, if the teacher is protesting proposed action to terminate the contract before the end of the contract period on the basis of a financial exigency declared by the board that requires a reduction in personnel. Authorizes the board of trustees of a district with an enrollment of at least 5,000 students to designate a licensed attorney who is neither employed by nor affiliated with the district to hold a hearing on a proposed nonrenewal of a teacher's term contract on the board's behalf, to create a hearing record for the board's consideration and action, and to recommend an action to the board. The bill requires the board to consider the record and recommendation at the first board meeting for which notice can be posted following the receipt of the record and recommendation, unless the parties agree in writing to a different date. Bill text: http://www.legis.state.tx.us/tlodocs/821/billtext/pdf/SB00008F.pdf#navpanes=0 Bill summary: http://www.legis.state.tx.us/BillLookup/BillSummary.aspx?LegSess=821&Bill=SB8 Title: S.B. 8 - Voiding and Nonrenewal of Staff Contracts Source: www.legis.state.tx.us TX Signed into law 07/2011 P-12 From bill summary: Revises and expands the grounds for rendering a district employee's probationary, continuing or term contract void on the basis of a failure to meet certain requirements relating to the employee's certification and revises a district's authority to terminate an employee whose contract is void, suspend the employee with or without pay, or retain the employee for the remainder of the school year on an at-will basis. Prohibits a district from terminating or suspending an employee whose contract is void because of the employee's failure to renew or extend the employee's certificate or permit if the employee requests an extension from the state board for educator certification (SBEC) to renew, extend or otherwise validate the certificate or permit and, not later than the 10th day after the date the contract is void, takes necessary measures to renew, extend or otherwise validate that certificate or permit, as determined by SBEC. Bill summary: http://www.legis.state.tx.us/BillLookup/BillSummary.aspx?LegSess=821&Bill=SB8 Bill text: http://www.legis.state.tx.us/tlodocs/821/billtext/pdf/SB00008F.pdf#navpanes=0 Title: S.B. 8 - Employees with Void Contracts Source: www.legis.state.tx.us TX Signed into law 07/2011 P-12 From bill summary: Changes the deadline by which a district board of trustees is required to notify a teacher employed under a probationary contract and a teacher whose contract is about to expire of its decision to terminate the teacher's employment at the end of the contract period or of its intent to renew or not renew the expiring contract, and sets out requirements for delivery of such notice. Entitles a teacher employed under a probationary contract or a continuing contract to a hearing before a hearing examiner if the teacher is protesting a proposed discharge or suspension without pay and to a hearing either before the board of trustees in the manner provided for a hearing on the nonrenewal of a term contract or before a hearing examiner, as determined by the board, if the teacher is protesting proposed action to terminate the contract before the end of the contract period on the basis of a financial exigency declared by the board that requires a reduction in personnel. Bill summary: http://www.legis.state.tx.us/BillLookup/BillSummary.aspx?LegSess=821&Bill=SB8 Bill text: http://www.legis.state.tx.us/tlodocs/821/billtext/pdf/SB00008F.pdf#navpanes=0 Title: S.B. 8 - Termination/Nonrenewal of Teacher Contracts Source: www.legis.state.tx.us TX Signed into law 07/2011 P-12 From bill summary: Authorizes the board of trustees of a district with an enrollment of at least 5,000 students to designate a licensed attorney who is neither employed by nor affiliated with the district to hold a hearing on a proposed nonrenewal of a teacher's term contract on the board's behalf, to create a hearing record for the board's consideration and action, and to recommend an action to the board. Requires the board to consider the record and recommendation at the first board meeting for which notice can be posted following the receipt of the record and recommendation, unless the parties agree in writing to a different date. Bill text (pages 7-9 of 19): http://www.legis.state.tx.us/tlodocs/821/billtext/pdf/SB00008F.pdf#navpanes=0 Bill summary: http://www.legis.state.tx.us/BillLookup/BillSummary.aspx?LegSess=821&Bill=SB8 Title: S.B. 8 - Hearing on Proposed Nonrenewal of Teacher Contract Source: www.legis.state.tx.us IL Signed into law 06/2011 P-12 Repeals provision allowing teacher to be dismissed for failure to complete a 1-year remediation plan with a "satisfactory" or better rating; replaces with provision allowing dismissal on the basis of performance. Defines "incompetency" for purposes of suspension or revocation of teacher licensure as 2 or more school terms of service for which the certificate holder has received an "unsatisfactory" rating on a performance evaluation within 7 school terms. Identifies factors the state superintendent must consider in determining whether to initiate action against one or more certificates based on incompetency and the recommended sanction for such action, including among others the evaluator or evaluators who performed an unsatisfactory evaluation met the pre-certification and training requirements established in statute, the time between the unsatisfactory evaluation ratings, the quality of the remediation plans associated with the unsatisfactory evaluation ratings and whether the certificate holder successfully completed the remediation plans, and whether one or more of the unsatisfactory evaluation ratings occurred in the first year of a teaching or administrative assignment. Authorizes the state superintendent to seek required professional development, at the certificate holder's expense, as a sanction in lieu of or in addition to suspension or revocation. Pages 5-8 of 111: http://www.ilga.gov/legislation/publicacts/97/PDF/097-0008.pdf Title: S.B. 7 - Teacher Dismissal; Suspension or Revocation of Teacher Licensure Source: www.ilga.gov IL Signed into law 06/2011 P-12 Applies to all districts (Note: The probationary period has been 4 years since 1998): Increases teacher probationary period to 4 consecutive school terms prior to the implementation of PERA (teacher evaluation based in part on student performance; districts vary on when PERA will be implemented). Clarifies that such a teacher who completes the probationary period enters into contractual continued service only in that district or the programs the teacher is legally qualified to hold. Provides that for probationary teacher appointed after July 2013, the teacher enters into contractual continued service after one of the following: (1) 3 years (if 3 consecutive "excellent" reviews in first 3 years of full-time service) (2) 4 years (if teacher has 4 consecutive school terms of service in which he/she receives a rating of at least "Proficient" in the last school term and rating of at least "Proficient" in either the 2nd or 3rd school term) (3) 2 years (if 2 consecutive "Excellent" annual evaluations in the current district, teacher previously earned contractual continued service in another district in the state and voluntarily left the former district or was released by RIF in school term immediately before starting in new district, and was rated at least "Proficient" in 2 most recent annual or biennial evaluations from prior school district after PERA implemented). If after 4 consecutive school terms the teacher's performance does not qualify the teacher for contractual continued service, the teacher must be dismissed. If a performance evaluation is not conducted in any year when it is required to be conducted, the teacher's performance evaluation rating for purposes of determining the attainment of contractual continued service must be "Proficient". Defines "school term" for purposes of determining contractual continued service. Requires that for teachers dismissed in the last year of their probationary service (except those teachers described in (3) above), the written notice of dismissal must contain specific reasons for dismissal. Establishes procedures for reduction in force of full-time teachers in a program of a special education joint agreement, and in the event of the dissolution of a joint agreement. Pages 14-26 of 111: http://www.ilga.gov/legislation/publicacts/97/PDF/097-0008.pdf Title: S.B. 7 - Teacher Employment (Attainment of Tenure) Source: www.ilga.gov IL Signed into law 06/2011 P-12 Applies to all districts: Requires that the dismissal notice of a teacher in continued service (other than an honorable dismissal) include a bill of particulars and the teacher's right to request a hearing. Amends various due process provisions. Allows a teacher to elect to have a hearing before a mutually-selected hearing officer, effective July 2012. Requires hearing officers to be selected from a state board master list, and beginning September 2012, to have participated in training provided or approved by the state board of education for teacher dismissal hearing officers. Provides for state board to appoint a hearing officer if teacher and board do not reach agreement on any of the names on the initial list of hearing officers provided by the state board. Amends alternative means of selecting a hearing officer. Establishes requirements for hearing officers, including that the hearing officer issue a decision and provide the decision in writing to both the teacher and board within 30 days from the end of the hearing or closure of the record, whichever is later. Amends process for determining which party pays fees and costs for the hearing officer (fees and costs automatically paid by state board until July 2012). Amends procedures for hearings, and directs the state board to promulgate rules related to various aspects of hearing proceedings. Requires a hearing officer to commence the hearing within 75 days and conclude the hearing within 120 days after being selected as the hearing officer; permits modification of these timelines for good cause or upon agreement of both parties. Limits each party to no more than 3 days to present its case; provides exceptions. Provides additional penalties if a hearing officer does not render a judgment within 30 days of the end of a hearing. Requires permanent removal of a hearing officer from the state board master list for failing twice to render a decision in 30 days. Amends language regarding school board actions subsequent to the hearing officer's findings of fact and recommendation. Establishes optional alternative evaluative dismissal process for PERA evaluations for all districts (including Chicago) or a program of a special education joint agreement. Provides this option is available only if (1) the cause of dismissal is that the teacher failed to complete a remediation plan with a rating equal to or better than "Proficient"; (2) the "Unsatisfactory" performance evaluation rating that preceded remediation resulted from a PERA evaluation; and (3) the school district complied with specified pre-remediation and remediation processes. Limits scope of hearing to require board to demonstrate specified elements; permits teacher to only challenge the substantive and procedural aspects of (i) the "Unsatisfactory" performance evaluation rating that led to the remediation, (ii) the remediation plan, and (iii) the final remediation evaluation. Pages 38-67 of 111: http://www.ilga.gov/legislation/publicacts/97/PDF/097-0008.pdf Title: S.B. 7 - Dismissal of Teacher in Continued Service Source: www.ilga.gov NC Signed into law 06/2011 P-12 Modifies the law governing teacher career status. Creates a definition of "inadequate performance" for teachers: failure to perform at a proficient level on any standard of the Department of Public Instruction's teacher evaluation instrument or otherwise performing in a manner that is below standard. Modifies the procedure for dismissal or demotion of career employee. Requires an annual evaluation of licensed employees assigned to all schools identified as low-performing. Requires local boards to use performance standards and criteria adopted by State Board of Education (SBE) and allows local boards to adopt additional evaluation criteria and standards. Mandates probationary teacher observations in schools not identified as low-performing at least 3 times annually by a principal and at least one time annually by a teacher. Provides that if a teacher receives a performance rating that is below proficient or otherwise below standard a principal may place the teacher on a mandatory improvement plan equivalent to those in low-performing schools. Establishes that after reassessment of the teacher on the areas of deficiency identified in the mandatory improvement plan, if the teacher is not proficient in any of the performance standards identified or has not demonstrated sufficient improvement towards those standards, the superintendent may recommend demotion or dismissal. Establishes immunity for negligence for acts or omissions taken with regards to teacher evaluation/observations and institution of mandatory improvement plans. Replaces the word "certificate" with "license" throughout the law governing the system of employment for public school teachers. http://www.ncga.state.nc.us/Sessions/2011/Bills/Senate/HTML/S466v5.html Title: S.B. 466 Source: http://www.ncga.state.nc.us NV Signed into law 06/2011 P-12 Expands the requirements of the annual reports of accountability to include a reporting of the number and percentages of administrators, teachers, and other staff for each elementary school, middle school or junior high school and high school and for each school district in the state. Requires the board of trustees of each school district to: (1) establish a program of performance pay and enhanced compensation for the recruitment and retention of licenses teachers and administrators; and (2) implement the program commencing with the 2014-15 school year. Section 9 provides that if a written evaluation of a probationary teacher or administrator states that overall performance is "unsatisfactory": (1) evaluation must include a written statement that the contract of the person so evaluated may not be renewed for the next school year and that the employee may request reasonable assistance in correcting the deficiencies identified in the evaluation; and (2) the person must acknowledge in writing that he or she has received and understands the written statement. Section 12 revises the grounds for which a teacher may be suspended, dismissed or not reemployed to include gross misconduct. Section 13 provide that a postprobationary teachers receiving an unsatisfactory evaluation or a minimally effective evaluation must be evaluated three times in the immediately succeeding school year. Effective July 1, 2013, Sections 14 and 16 of this bill revise the policies for evaluations of teachers and administrators to require the designation of an individual teacher or administrators as "highly effective,", "effective," "minimally effective", or "ineffective" and provide that the policies must require that certain information on pupil achievement which is maintained by the automated system of accountability information for Nevada account for at least 50% of the evaluations. Section 19.6 provides that a board of trustees of a school district that determines a reduction in the existing workforce of the licensed educational personnel in the school district is necessary must not base the decision to lay off a teacher or an administrator solely on the seniority of the teacher or administrator and my consider other factors. http://www.leg.state.nv.us/Session/76th2011/Bills/AB/AB229_EN.pdf Title: A.B. 229 Source: http://www.leg.state.nv.us AL Signed into law 05/2011 P-12 Postsec. Establishes the Students First Act of 2011. Establishes the purposes of this act. Provides definitions. Provides no action may be proposed or approved based upon the personal or political reasons of the employer, chief executive officer or governing board. Establishes processes and conditions for teachers to obtain and retain tenure, and for probationary classified employees to obtain and retain nonprobationary status. Provides that neither tenure nor nonprobationary status creates or confers any enforceable right or protected interest in or to a specific position, rank, work site or location, assignment, title, or rate of compensation within those categories of employment. Provides that neither tenured status or time in probationary service are transferable from one employer to another. Provides conditions and processes for the termination of probationary classified employees and probationary teachers. Provides conditions under which tenured teachers and nonprobationary classified employees may be terminated, and procedures for such termination. Provides for a hearing upon employee request. Provides procedures for an employee terminated following a hearing to obtain a review of an adverse decision. Provides layoffs or other personnel actions that are unavoidable reductions in the workforce beyond normal attrition due to decreased student enrollment or shortage of revenues are not subject to challenge or review under this act. Provides conditions and processes for an employee's suspension for cause with or without pay. Provides employees may be transferred or reassigned at any time as the needs of the employer require to any position for which they are qualified. Permits a chief executive officer to reassign a teacher to any grade, position, or work location within the same school, or, for two-year institutions operated under the authority and control of the department of postsecondary education, to any teaching position or work location that is under the control and jurisdiction of the institution, as the needs of the employer require. Permits tenured teachers to be transferred within an agency or system to any grade or position outside of the school to which the teacher is assigned, subject to specified terms and conditions; establishes similar conditions for nonprobationary classified employees, including employees of two-year institutions operated by the department of postsecondary education. Establishes conditions under which probationary and tenured teachers and probationary and nonprobationary classified employees may be transferred to another position with lower compensation or a shorter term of employment. Provides that the employment of a teacher whose certificate is revoked by the state superintendent of education is summarily terminated. Provides that if a conviction resulting in the revocation of the certificate is overturned, the certificate must be immediately reinstated, and the employer must either place the employee in a position for which the employee holds appropriate certification or place the employee on paid administrative leave. Prohibits a teacher from terminating his/her employment within 30 days of first day of the next school term, or for employees of two-year institutions operated by the department of postsecondary education, within 30 days of the fall semester. Provides for relief for an employee who has been denied a hearing before an employer. Permits an employer to grant an employee a one-year leave of absence for good cause without impairing the employee's tenured or nonprobationary status. Requires that leaves of absences for military service be as provided in Section 31-2-13. Provides that all laws or parts of laws that conflict with this act are repealed, specifically portions of the Teacher Tenure Law, commencing with Section 16-24-1; the Fair Dismissal Act, commencing with Section 36-26-100; and Section 16-24B-7, Code of Alabama 1975, relating to teacher transfers. Title: S.B. 310 Source: FL Signed into law 05/2011 P-12 Postsec. Repeals provisions relating to programs that were never implemented or are no longer funded. The programs are: Digital Divide Council and the associated Pilot Project for Discounted Computers and Internet Access for Low-Income Students; the Institute on Urban Policy and Commerce; the Community and Faith-based Organizations Initiative; the Community and Library Technology Access Partnership; the Community computer access grant program; Adult Literacy Centers; the Florida Literacy Corps; Preteacher and Teacher Education Pilot programs, the Teacher Education Pilot Programs for High-Achieving Students; the Merit Award Program; the Critical Teacher Shortage Program, which includes: the Florida Teacher Scholarship and Forgivable Loan Program, the Critical Teacher Shortage Tuition Reimbursement Program, and the Critical Teacher Shortage Student Loan Forgiveness Program. The legislation also repeals professional service contracts for instructional staff and the requirement for students who took Algebra I in the middle grades from 2007-2008 through 2009-2010 to take the Algebra I end-of-course assessment in the 2010-2011 school year. http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h7087er.docx&DocumentType=Bill&BillNumber=7087&Session=2011 Title: H.B. 7087 Source: http://www.myfloridahouse.gov MD Signed into law 05/2011 P-12 Requires the state Department of Education to develop an informational form that lists and explains the various paths that can be taken in order to obtain certification and tenure in the state and must post the form on its website. http://mlis.state.md.us/2011rs/bills/sb/sb0687e.pdf Title: S.B. 687 Source: http://mlis.state.md.us MD Signed into law 05/2011 P-12 Requires the state Department of Education to develop a specified form relating to teacher certification and tenure and to post the form on its Web site. Requires the Adjutant General or the Adjutant General's designee to assist military spouses in finding specified employment. http://mlis.state.md.us/2011rs/bills/hb/hb0998e.pdf Title: H.B. 998 Source: http://mlis.state.md.us ME Signed into law 05/2011 P-12 Requires three years of experience in a school administrative unit before a teacher may receive a continuing contract offer. Requires the superintendent to evaluate probationary teachers during, but not limited to, their second year of employment. Provides that the method of evaluation must be determined by the school board and implemented by the superintendent. http://www.mainelegislature.org/legis/bills/bills_125th/chapters/PUBLIC172.asp Title: H.P. 720 Source: http://www.mainelegislature.org TN Signed into law 05/2011 P-12 Eliminates the requirement that written notices of termination for K-12 teachers in public schools contain a statement of prior authorization by a majority vote of the local school board with the name of the teacher recorded. http://www.capitol.tn.gov/Bills/107/Bill/HB0731.pdf Title: H.B. 731 Source: http://www.capitol.tn.gov OH Signed into law 04/2011 P-12 --Public employee pay: Does away with salary schedules and replaces with salary "ranges." Requires performance-based pay for teachers and nonteaching school employees. Requires a school board to measure performance by considering the level of license the teacher holds, whether the teacher is a "highly qualified teacher," the value-added measure the board uses to determine the performance of the students assigned to the teacher's classroom, the results of the teacher's performance evaluations or peer reviews (see Section 3317.13). --Public employee benefits: Caps vacation leave at 7.7 hours per biweekly pay period. Reduces sick leave accrual for most public employees from 4.6 hours to 3.1 hours per biweekly pay period. Limits public employer contributions toward health care benefit costs to 85%. Requires health care benefits provided to management level employees to be the same as any health care benefits provided to other employees of the same public employer. Requires boards of education to adopt policies to provide leave with pay for school employees not covered by a collective bargaining agreement, and abolishes statutorily provided leave for teachers and nonteaching school employees. Prohibits a public employer from paying employee contributions to the five public employee retirement systems. Requires health care benefits provided through a jointly administered trust fund to be the same as the health care benefits provided to other public employees. --Employment: Abolishes continuing contracts for teachers, except for those continuing contracts in existence prior to the effective date of the bill and revises the law relating to limited contracts. Reduction in force: Prohibits a school district financial planning and supervision commission from using seniority as the only factor when making reductions in nonteaching employees. Prohibits a public employer from violating Ohio or federal civil rights law when conducting a reduction in force. Bill text: http://www.legislature.state.oh.us/BillText129/129_SB_5_EN_N.pdf Bill summary: http://www.lsc.state.oh.us/analyses129/s0005-rs-129.pdf Title: S.B. 5 - Compensation sections Source: http://www.legislature.state.oh.us OK Signed into law 04/2011 P-12 Modifies and deletes several substantive elements related to teacher contract definitions and the Teacher Due Process Act of 1990. Deletes career teacher pretermination hearing procedures and requirements and the right to appeal to a district court; deletes requirement to extend suspensions until completion of a such an appeal. (Sections 6-101.26-27) http://webserver1.lsb.state.ok.us/2011-12bills/HB/HB1380_ENR.RTF Title: H.B. 1380 Source: http://webserver1.lsb.state.ok.us TN Signed into law 04/2011 P-12 From the Fiscal Note: Changes, from May 15 to June 15, the date by which teachers must receive termination notices and by which teachers and other school personnel must be assigned to a school for the next school year. Changes the probationary period that a teacher must serve before being eligible for tenure to five years or forty-five months in a seven-year period. Requires teachers to receive good performance reviews in the last two preceding probationary years before becoming eligible for tenure. Requires teachers who achieve tenure, resign from their position, and return to the school system to serve a probationary period of two years before being eligible for tenure again. These limitations do not apply to teachers who acquired tenure prior to June 15, 2011. Authorizes teachers who receive two consecutive years of poor teacher evaluations to be placed on probationary status for two years and authorizes tenure to be reinstated upon receiving two consecutive years of good teacher evaluations. Authorizes teacher evaluations to be a factor when determining whether a teacher who is on the preferred list for reemployment is qualified for a position. http://www.capitol.tn.gov/Bills/107/Bill/SB1528.pdf Title: S.B. 1528 Source: http://www.capitol.tn.gov FL Signed into law 03/2011 P-12 Repeals existing language in section 1012.33 regarding procedures after employee performance deficiencies have been identified. Provides that effective July 2011, each new district employee hired as instructional personnel must be awarded a probationary contract, and that an annual contract may be awarded upon successful completion of the probationary contract. Establishes criteria for award of an annual contract, including that the employee has not received two consecutive annual performance evaluation ratings of unsatisfactory, two annual performance evaluation ratings of unsatisfactory within a 3-year period, or three consecutive annual performance evaluation ratings of needs improvement or a combination of needs improvement and unsatisfactory. (Provides elsewhere that such performance is included in the definition of just cause.) Provides that instructional personnel who accept a written offer from the local board and who leave their positions without prior release from the local board are subject to the jurisdiction of the Education Practices Commission. Provides that any instructional personnel with an annual contract may be suspended or dismissed at any time during the contract for just cause. Directs the state board to adopt rules to define "just cause". Provides for suspension and reinstatement of instructional personnel on an annual contract, and hearing processes. Provides that charter schools are not exempt from these provisions. http://laws.flrules.org/files/Ch_2011-001.pdf Title: S.B. 736 - Teacher Contracts Source: laws.flrules.org ID Signed into law 03/2011 P-12 Section 33-515 states that it is the intent of the legislature that after January 31, 2011, no new employment contract between a school district and a certificated employee shall result in the vesting of tenure, continued expectations of employment or property rights in an employment relationship. Therefore, no board of trustees has the authority to enter into any renewable contract with any certificated or other employee hired by such district, except as specifically addressed by section 33-515 and 33-514 (3), Idaho Code. For any certificated employees already holding renewable contract status with a district as of January 31, 2011, the employees have the right to the continued automatic renewal of that employee's employment contract. For those employees not grandfathered in, there are two categories of annual contracts. A category A contract is a limited -year contract for certificated personnel in the first or greater years of continuous employment with the same district. A category B contract is a limited 2-year contract that may be offered at the sole discretion of the board of trustees who may choose to add an additional year to such a contract upon the expiration of the first year, resulting in a new 2-year contract. For employees whose contracts will not -- at the board's discretion -- be renewed, notice must be provided to the employee in writing by July 1. Employees must be given, upon request, the opportunity for an informal review of such a decision by the board of trustees. Provides other provisions relating to reductions in force; and to provisions relating to contract negotiations and establishing contracts. Part 2 of 3 part Children Come First legislation. http://legislature.idaho.gov/legislation/2011/S1108.pdf Title: S.B. 1108 Source: http://legislature.idaho.gov/ OH Signed into law 03/2011 P-12 Abolishes continuing contracts for teachers, except for those continuing contracts in existence prior to the effective date of the bill. Revises the law relating to limited contracts. For teachers holding contracts prior to the effective date of amendments, contracts can be for no longer than 5 years. For those hired after the effective date of this law, the term of the contract cannot exceed 3 years. Any subsequent contract is required to be for a term of not less than 2 years and not more than 5 years. Clarifies the parameters for granting of a a continuing contract. http://www.legislature.state.oh.us/BillText129/129_SB_5_EN_N.pdf Title: S.B. 5 - Teacher Tenure Source: www.legislature.state.oh.us WY Signed into law 03/2011 P-12 Requires districts to evaluate teacher performance, based in part upon standards set by State Board of Education. --Initial contract teachers evaluated twice annually --Continuing contract teachers evaluated annually --Requires each District Superintendent to report to the district board of trustees each April 15. Report containing: (a) All teachers whose performance evaluations are determined inadequate or unsatisfactory; (b) Mentoring and professional development activity made available to the identified teachers; (c) School boards shall file a report with the State Department of Education not later than June 1 of each year certifying compliance with this requirement. --Clarifies reasons for suspension, dismissal or termination --If a board proposes the suspension or dismissal of a teacher, the teacher shall be notified of the proposed suspension or dismissal and may be suspended with or without pay --Requires hearings for termination , dismissal or suspension to be provided through the Office of Administrative Hearings --Eliminates the ability of any school board to designate a teacher as a continuing contract teacher at any time without regard to other provisions of teacher contract law. Requires Select Committee on Accountability to study the use of the statewide accountability system for use in annual teacher evaluation. Select Committee is to recommend changes to the Teacher Accountability Act which provide a consistent, reliable and clearly defined evaluation process to measure teacher performance based upon growth in student performance. Act applies to all teacher contracts from and after July 1, 2012. http://legisweb.state.wy.us/2011/Engross/SF0146.pdf Title: S. F. 146--Tenure Source: http://legisweb.state.wy.us Teaching Quality--Unions/Collective Bargaining Teaching Quality--Unions/Collective Bargaining--Strikes Technology Technology--Devices/Software/Hardware Technology--Equitable Access Technology--Funding Issues Technology--Teacher/Faculty Training Textbooks and Open Source Urban--Change/Improvements